Judicial Watch: Court Voids Two Constitutional Amendments
Late Friday afternoon, a North Carolina judge voided two state constitutional amendments, including voter ID, on grounds that the legislature which approved them was elected from unconstitutional districts.
This judicial time bomb had been ticking since last August. That’s when the state NAACP and Clean Air Carolina filed suit to challenge the North Carolina General Assembly’s right to initiate any constitutional amendment process. At that time, several courts had already ruled that current legislators had been elected from an unconstitutionally drawn district map using intentional racial gerrymandering.
Citizen environmental advocacy groups including NCLCV have vigorously opposed photo ID requirements as unjustified schemes to discourage voting by minority and lower-income citizens. In addition to the obvious broader social justice implications, these voters also tend to support stronger pollution control laws, because they disproportionately live in communities which are hardest-hit by air and water pollution and the impacts of climate change.
The ruling in this case was issued in Wake County Superior Court. In his order, Judge Bryan Collins said, “An illegally constituted General Assembly does not represent the people of North Carolina and is therefore not empowered to pass legislation that would amend the state’s constitution.” He noted that the district maps in effect for their election had “unconstitutionally and impermissibly considered race” and that this “unconstitutional racial gerrymander tainted” the supermajority needed to approve putting a constitutional amendment on the state ballot, which delegitimized the entire process.
In a public statement, North Carolina NAACP President T. Anthony Spearman said, “We are delighted that the acts of the previous majority, which came to power through the use of racially discriminatory maps, have been checked. The prior General Assembly’s attempt to use its ill-gotten power to enshrine a racist photo voter ID requirement in the state constitution was particularly egregious, and we applaud the court for invalidating these attempts at unconstitutional overreach.”
Republican legislative leaders, who led the constitutional amendment process and argued for the voided amendments, vowed to appeal the Superior Court decision. The case is expected to be ultimately decided by the North Carolina Supreme Court.
In a separate public statement, Tomas Lopez of Democracy North Carolina said that the case’s outcome at the Supreme Court is uncertain, and as a result it is “reasonable to expect that [Friday’s] order will be put on hold” pending the results of that appeal. If so, that would mean that the rulemaking process for implementing voter ID requirements would continue in the meantime.
The other challenged amendment lowered the constitution’s cap on the state income tax. NCLCV also opposed that amendment last fall, along with voter ID and the other four amendments on the ballot. The tax amendment would limit the state’s ability to raise revenue during economic downturns, and would restrict the already limited budget for environmental protection.
NCLCV has also argued for an end to gerrymandering, standing with leaders in both parties who recently introduced a bill to create a nonpartisan redistricting commission. That bill now has 66 sponsors and co-sponsors, including ten Republicans — more than a majority of the House. If it gets a fair hearing, the bill will easily pass the House, as it did in 2011. The primary obstacle will be the Senate, and we will have to keep up pressure on leadership to give the people what they want — an end to rigged elections. With a legislature legitimately elected from legally drawn maps, North Carolinians’ rights to vote and to enjoy clean air and water will be better protected in the future.
Up next, Supreme Court Will Hear Key Clean Water Case >>
To get news like this in your inbox every Monday, please sign up for our Conservation Insider Bulletin newsletter!
